Legal Question in Family Law in New York

can i make my ex-husband keep me under his medical insurance

my husband works for the state of new york and has excellent medical insurance. it has been almost 4 years since he has left our home, we are still legally married, he just left. if i file for divorce, can i require/make him keep me under his insurance. he has the family plan which, covers himself, me, and our daughter. thanks for your time.


Asked on 5/04/06, 6:26 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: can i make my ex-husband keep me under his medical insurance

You coverage under your husband's medial insurance Plan will probably end at your divorce.

If you have an existing medical condition that requires extensive treatment, currently covered under your husband's Plan, and you do not have other health insurance or opportunity for coverage, you can REQUEST, sufficient spousal support, to cover payment for the cost of replacement or extended coverage.

Good luck,

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Answered on 5/05/06, 8:42 am
W. ADAM MANDELBAUM W. ADAM MANDELBAUM

Re: can i make my ex-husband keep me under his medical insurance

You should be on his plan until the divorce. You should seek to have him pay for equivalent coverage after the divorce--although whether that happens for you depends on a lot of factors. He must definitely provide or contribute to health insurance for the kids.

For NY Law and Official Court forms go to:

http://justiceneversleeps.net

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Answered on 5/05/06, 3:03 pm


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